Malone v. McLaurin
Mississippi Supreme Court
EeboR to Probate Court of Kemper count j. Hon. W. W. Chisolmn. judge. contended, 1. That the possession of the tenant for life, was the possession of the remainderman. 4 Kent’s Com. 254. 2. That at common law, seisin in fact of the wife was necessary to create a tenancy by the courtesy. The reason of the rule originated from the necessity of' livery of seisin to pass a freehold.
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EeboR to Probate Court of Kemper count j. Hon. W. W. Chisolmn. judge. contended, 1. That the possession of the tenant for life, was the possession of the remainderman. 4 Kent’s Com. 254. 2. That at common law, seisin in fact of the wife was necessary to create a tenancy by the courtesy. The reason of the rule originated from the necessity of' livery of seisin to pass a freehold. The rule, the reason ceasing, does not exist under our law. 24 Miss. 216; 26 Miss. 582. cited 1 Roper’s Husband and Wife, 4, 8, 28, 30, 349; 4 Kent’s Com. 28, 36. .
1Opinion of the CourtEllett, J.
The plaintiff in error presented a petition to the probate judge of Kemper county, under the eighth section of the thirty-sixth chapter of the Revised Code, relating to the position of lands among joint-tenants, etc., praying the appointment of commissioners to make partition of the land therein described. The petition stated that John McLaurin died March 16, 1856, leaving a will whereby he bequeathed the land in question to his wife, Margaret, for her natural life, and after her death to be equally divided among his six children, one of whom at the date of his will, and at the death of the…
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